Health and Safety in Employment Act 1992

  • repealed
  • Health and Safety in Employment Act 1992: repealed, on 4 April 2016, by section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).

Part 4 General provisions

Accidents

25 Recording and notification of accidents and serious harm

(1)

Every employer shall maintain (in the prescribed form) a register of accidents and serious harm; and shall record in the register the prescribed particulars relating to—

(a)

every accident that harmed (or, as the case may be, might have harmed)—

(i)

any employee at work; or

(ii)

any person in a place of work controlled by the employer; and

(b)

every occurrence of serious harm to an employee at work, or as a result of any hazard to which the employee was exposed while at work, in the employment of the employer.

(1A)

Every self-employed person must maintain (in the prescribed form) a register of accidents and serious harm, and must record in the register the prescribed particulars relating to—

(a)

every accident that harmed (or, as the case may be, might have harmed) the self-employed person at work; and

(b)

every accident resulting from the work of the self-employed person that harmed (or, as the case may be, might have harmed) any person; and

(c)

every occurrence of serious harm to the self-employed person—

(i)

while at work; or

(ii)

as a result of any hazard to which the self-employed person was exposed while at work.

(1B)

Every principal must maintain (in the prescribed form) a register of accidents and serious harm, and must record in the register the prescribed particulars relating to—

(a)

every accident that the principal becomes aware of that harmed (or, as the case may be, might have harmed) a self-employed person while at work and contracted to the principal; and

(b)

every accident that the principal becomes aware of—

(i)

resulting from the work of a self-employed person while at work and contracted to the principal; and

(ii)

that harmed (or, as the case may be, might have harmed) any person; and

(c)

every occurrence of serious harm to a self-employed person—

(i)

while at work and contracted to the principal, or

(ii)

as a result of any hazard to which the self-employed person was exposed while at work and contracted to the principal.

(1C)

Subsection (1B) does not require the occupier of a home to maintain a register or record accidents or serious harm that occur to self-employed persons at work in the home.

(2)

Subsection (3) applies to—

(a)

serious harm in respect of which an employer, self-employed person, or principal is required by this section to record particulars; and

(b)

accidents of a kind or description required by regulations made under section 21 to be notified to WorkSafe.

(3)

If there occurs any serious harm or accident to which this subsection applies, the employer, self-employed person, or principal concerned must,—

(a)

as soon as possible after the occurrence becomes known to the employer, self-employed person, or principal, notify WorkSafe of the occurrence; and

(b)

within 7 days after the occurrence, or, if the occurrence is not known to the employer, self-employed person, or principal within that period, as soon as possible after it becomes known, give WorkSafe written notice, in the prescribed manner, of the circumstances of the occurrence.

(4)

Notification of an accident in accordance with either or both of the following provisions is compliance with subsection (3)(a):

(a)

section 17(3) of the Gas Act 1992:

(b)

section 16(3) of the Electricity Act 1992.

Section 25(1A): inserted, on 5 May 2003, by section 16(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 25(1B): inserted, on 5 May 2003, by section 16(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 25(1C): inserted, on 5 May 2003, by section 16(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 25(2)(a): amended, on 5 May 2003, by section 16(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 25(2)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 25(3): substituted, on 5 May 2003, by section 16(3) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 25(3)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 25(3)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 25(4): added, on 5 December 2006, by section 4 of the Health and Safety in Employment Amendment Act 2006 (2006 No 72).